Tom CruiseWill NOT Press Charges Against Trespasser

10/29/2012 4:45 PM PDT

Tom Cruise Will NOT Press Charges Against Trespasser

EXCLUSIVE

Tom Cruise will NOT press charges against the drunk dude who trespassed on his property ... TMZ has learned.

As we reported ... Jason Sullivan -- an Australian model/interior designer/reality star -- has been living next door to Tom at the home of Kevin Huvane, Tom's agent. We're told Jason came home drunk last night, mistook Tom's property for Kevin's and began to enter the grounds. Tom's security told Jason to leave, but instead he tried scaling the privacy wall to get further into Tom's property. Jason began walking toward Tom's house and was warned he would be tased if he continued. When Jason kept walking, he was tased twice.

Jason was arrested, cited for misdemeanor trespassing and released.

Tom's lawyer, Bert Fields, tells TMZ, "Tom's not a vindictive guy," adding, "The guy was drunk. He didn't have a malicious intent."

Beverly Hills cops will likely refer the case to the L.A. County D.A., but given that it's a pretty ordinary misdemeanor, it's likely Jason will skate.